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Estate
Planning for Everybody
Estate planning is not just for the
rich.
Reducing taxes is certainly one reason
for estate planning but not the only
one. Here are seven more, some which
may be just as important to you:
- To plan who receives what size share
of your assets.
- To decide how and when your beneficiaries
will receive their inheritance or
income.
- To decide who will manage your estate
(executor, trustee, etc.) and be responsible
for distribution of the assets.
- To reduce estate administrative
expenses and delays.
- To select a guardian for your children.
- To provide financial management
for funds that may pass to your grandchildren.
- To provide for the orderly continuance
or sale of a family business or real
estate investment property.
If you do not have a plan, state laws
will determine who inherits your assets
and when they receive them. The court
will appoint a guardian for your children
and an administrator for your estate.
Your estate could wind up paying substantial
– and unnecessary – taxes
and administrative costs.
Most people feel strongly about who
should inherit their assets and when.
However, they are often less sure about
what to consider as they select an executor
and trustees. Your executor is your
personal representative after your death
and is responsible for such functions
as:
- Administering your estate and distributing
assets to your beneficiaries.
- Paying the estate expenses and any
outstanding debts.
- Ensuring that all life insurance,
employee benefits and retirement plan
proceeds are received.
- Filing the necessary tax returns
and paying the appropriate federal
and state taxes.
In short, your executor administers
your will. When these duties are met,
the job ends. However, if your will
creates trusts to accomplish more long-term
goals, you need a trustee. Your trustee
is responsible for managing the trust’s
assets and ensuring the beneficiaries
are provided for in accordance with
provisions of the trust. Individuals
are often torn between choosing an individual
as the executor or trustee and naming
a corporate entity, such as a bank.
Many people name both as executors or
co-trustees. Here are the advantages
and disadvantages of each.
Corporate executor and/or trustee,
advantages:
- Specialist in handling estates and
trusts.
- No emotional bias. Impartial and
usually free of conflicts of interest.
- Never moves or goes on vacation.
- Never dies or gets sick.
Disadvantages:
- Usually has little familiarity with
the family.
- Administrative fees may be higher.
- Rarely will continue any family-owned
business.
- Rarely maintains real estate requiring
management.
Individual executor and/or
trustee, advantages:
- More familiar with the family.
- Administrative fees may be lower.
- May be familiar with family business
interests.
Disadvantages:
- Probably not experienced in handling
estates and trusts.
- Could have an emotional bias.
- May not be impartial toward all
heirs.
- Could have schedule conflicts.
- Could be incapacitated at times.
Consider a living trust
A living trust (also known as a self-declaration
or revocable trust) is a legal document
that resembles a will. It contains instructions
for managing your assets should you
become disabled and contains directions
for the distribution of your assets
upon death.
Living trusts have two major benefits.
First, assets in a living trust do not
go through probate, which is the process
of proving and administering a will
under the jurisdiction of a court. It
can be a time-consuming and potentially
expensive process. It also subjects
your private financial affairs to public
scrutiny. All probate records are public
documents!
Second, a living trust provides a perfect
vehicle for managing your assets in
the event of a disability. While you
are alive and well, you can act as your
own trustee. In the event of disability
or death, the successor trustee that
you selected takes over.
Estate planning may also include establishing
a lifetime gifting program, making the
most of the unified credit or considering
charitable trusts that may help reduce
your tax bill.
If you are not confident all is in
order, seek professional advice to alleviate
potential problems down the road.